BILL NUMBER: AB 1494	CHAPTERED  07/07/00

	CHAPTER   96
	FILED WITH SECRETARY OF STATE   JULY 7, 2000
	APPROVED BY GOVERNOR   JULY 6, 2000
	PASSED THE ASSEMBLY   JUNE 26, 2000
	PASSED THE SENATE   JUNE 22, 2000
	AMENDED IN SENATE   MAY 16, 2000
	AMENDED IN SENATE   APRIL 3, 2000
	AMENDED IN SENATE   AUGUST 16, 1999
	AMENDED IN ASSEMBLY   MAY 18, 1999
	AMENDED IN ASSEMBLY   APRIL 14, 1999

INTRODUCED BY   Assembly Member Wildman

                        FEBRUARY 26, 1999

   An act to amend Sections 13540, 13541, and 13542 of, and to add
and repeal Section 13543 of, the Penal Code, relating to peace
officers, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1494, Wildman.  Peace officers.
   Under existing law, any person or persons desiring peace officer
status who, on January 1, 1990, were not entitled to that status
under specified provisions of law, are authorized to request the
Commission on Peace Officer Standards and Training (POST) to
undertake a feasibility study regarding the designation of that
person or persons as a peace officer.
   This bill would authorize any person or persons who are designated
as peace officers under specified provisions of law, and who desire
a change in their peace officer designation or status, to request
POST to undertake a study to assess the need for that change.  This
bill would also require persons who are designated as peace officers
to meet specified conditions in order to obtain a change in their
peace officer designation or status.
   The bill would also require that any study regarding a change in
their peace officer status or designation must include, but not be
limited to, the current and proposed duties and responsibilities of
the persons employed in the category seeking the designation change
and their field duties and responsibilities, and the extent to which
their current duties and responsibilities require additional peace
officer powers and authority.
   The bill would require POST to issue within a specified timeframe
a study and recommendations to the Los Angeles Unified School
District Police Department regarding changing the peace officer
designation of that department's school police.  The bill would, upon
a request for that study from the Los Angeles Unified School
District Police Department, authorize POST to charge the police
department a fee, not to exceed the actual costs of undertaking the
study.  This bill would repeal these provisions on January 1, 2002,
unless a later enacted statute, that is enacted before January 1,
2002, deletes or extends that date.
   This bill would declare that is to take effect immediately as an
urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 13540 of the Penal Code is amended to read:
   13540.  (a) Any person or persons desiring peace officer status
under Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2
who, on January 1, 1990, were not entitled to be designated as peace
officers under that chapter shall request the Commission on Peace
Officer Standards and Training to undertake a feasibility study
regarding designating that person or persons as peace officers.  The
request and study shall be undertaken in accordance with regulations
adopted by the commission.  The commission may charge any person
requesting a study, a fee, not to exceed the actual cost of
undertaking the study.  Nothing in this article shall apply to or
otherwise affect the authority of the Director of Corrections, the
Director of the Youth Authority, the Director of the Youthful
Offender Parole Board, or the Secretary of the Youth and Adult
Correctional Agency to designate peace officers as provided for in
Section 830.5.
   (b) Any person or persons who are designated as peace officers
under Chapter 4.5, (commencing with Section 830) of Title 3 of Part
2, and who desire a change in peace officer designation or status,
shall request the Commission on Peace Officer Standards and Training
to undertake a study to assess the need for a change in designation
or status.  The request and study shall be undertaken in accordance
with regulations adopted by the commission.  The commission may
charge any person, agency, or organization requesting a study, a fee,
not to exceed the actual cost of undertaking the study.
  SEC. 2.  Section 13541 of the Penal Code is amended to read:
   13541.  (a) Any study undertaken under this article shall include,
but shall not be limited to, the current and proposed duties and
responsibilities of persons employed in the category seeking the
designation change, their field law enforcement duties and
responsibilities, their supervisory and management structure, and
their proposed training methods and funding sources.
   (b) A study undertaken pursuant to subdivision (b) of Section
13540 shall include, but shall not be limited to, the current and
proposed duties and responsibilities of the persons employed in the
category seeking the designation change and their field law
enforcement duties and responsibilities, and the extent to which
their current duties and responsibilities require additional peace
officer powers and authority.
  SEC. 3.  Section 13542 of the Penal Code is amended to read:
   13542.  (a) In order for the commission to give a favorable
recommendation as to a change in designation to peace officer status,
the person or persons desiring the designation change shall be
employed by an agency with a supervisory structure consisting of a
chief law enforcement officer, the agency shall agree to comply with
the training requirements set forth in Section 832, and shall be
subject to the funding restriction set forth in Section 13526.  The
commission shall issue the study and its recommendations to the
requesting person or agency within 18 months of the mutual acceptance
of a contract between the requesting person or agency and the
commission.  A copy of that study and recommendations shall also be
submitted to the Legislature.
   (b) (1) In order for the commission to give a favorable
recommendation as to a change in peace officer designation or status,
the person or persons desiring the change in peace officer
designation or status shall be employed by an agency that is
currently participating in the Peace Officer Standard Training
program.
   (2) If the designation change is moving the person or persons into
Section 830.1, the person or persons shall obtain the basic
certificate issued by the Commission on Peace Officer Standards and
Training, set forth in Section 832.4.
   (3) The commission shall issue the study and its recommendations,
as specified in subdivision (b) of Section 13540, to the requesting
person or persons, within 12 months of the mutual acceptance of a
contract between the requesting person or agency and the commission,
or as soon as possible thereafter if the commission shows good cause
as to the need for an extension of the 12-month time period.
   (4) A copy of that study and recommendation shall also be
submitted to the Legislature.
  SEC. 4.  Section 13543 is added to the Penal Code, to read:
   13543.  (a) Notwithstanding the provisions of paragraph (3) of
subdivision (b) of Section 13542, the commission shall issue a study
and its recommendations to the Los Angeles Unified School District
Police Department for a change in peace officer designation of that
department's school police from Section 830.32 to Section 830.1 nine
months from the date of whichever of the following occurs last:
   (1) This section becomes effective.
   (2) The commission has received a request for that study from the
Los Angeles Unified School District Police Department.
   (b) The commission may charge the Los Angeles Unified School
District Police Department a fee, not to exceed the actual costs of
undertaking the study.
   (c) The commission shall submit a copy of its study and
recommendations prepared pursuant to subdivision (a) to the
Legislature.
   (d) This section shall remain in effect only until January 1,
2002, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2002, deletes or extends
that date.
  SEC. 5.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to provide for the preservation and enhancement of public
safety through the examination of the potential for improved
enforcement of the law at the earliest possible time, it is necessary
for this act to take effect immediately.
